In these Terms and Conditions the words "we", "our" and "us" refer to Halcyon Nights ABN 70 795 038 586 and includes its directors, employees and agents; and "you" or "your" means the person who accepts these Terms and Conditions, by using the Site and associated software, networks and processes, including the purchase of goods or services through the Site. These Terms and Conditions apply to the Site user and the usage of the Site and includes the purchase of goods or services through the Site. By placing an Order, you agree to these Terms and Conditions.
You must ensure that your access to, or use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that your process for accessing the Site does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We take no responsibility for any such damage which may arise in connection with your use of the Site. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. The Site may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We will not be responsible for the content or privacy practices associated with linked websites. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or the content.
You must be eighteen (18) years of age or over to register as a member of the Site or purchase Products from the Site. Any Order and/or purchase made by you using this Site is an acknowledgement by you that you are over the age of eighteen (18) years, you accept these terms and agree that you have entered into a legal contract with Us in relation to these terms. We reserves the right to take legal action and seek compensation for any loss or damage it may suffer as a result of a transaction entered into by a minor, from the parent or guardian of a minor who causes an Order to be placed.
All prices listed on the Site are in Australian Dollars and include GST.
Promotional discount codes may be given at the sole discretion of Halcyon Nights on terms and conditions notified at the time of the relevant offer. If a discount code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost. All prices listed on the Site exclude Delivery Costs, which is shown separately in the Product page but may be recalculated depending on the number of Goods you place in an Order. You agree to pay Delivery Costs as they are calculated and listed in the Order confirmation at the time of purchase. By law We are required to declare the exact value of all items and identify the Order as dutiable "merchandise".
All weights and dimensions mentioned are approximate.
You may place an order by filling in the Order Form on the Site and clicking the "confirm" button. Orders will be deemed to have been received by Halcyon Nights at the time we send an order confirmation to your nominated e-mail address. You should take care when submitting an order - Orders may not be cancelled once they have been received. Halcyon Nights communicate with customers via e-mail. Halcyon Nights, at its sole discretion, may cancel your order at any time prior to dispatch of the goods. In the event of a cancelled order, funds paid in relation to that Order will be refunded in full as soon as possible. You will be provided with e-mail acknowledgement of the cancellation and refund. We accept no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
Orders will be deemed to have been received by Halcyon Nights at the time when payment details have been provided and approved and an automated confirmation has been sent. Order confirmations are sent to your nominated e-mail address. Take care when submitting an order - orders may not be cancelled once they have been received. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. Halcyon Nights is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence. Each Order (once confirmed) represents a separate agreement.
You can pay for your Order by any of the methods specified on the electronic order form on the site, which include but are not limited to:
- Credit card
- Direct Deposit via EFT
Payment for orders will be processed immediately upon confirmation of your order, including for products that are listed as on pre-sale or backorder. You acknowledge that Halcyon Nights may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
Delivery ownership of the goods
We will try to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. No Liability will be accepted for loss or damages suffered by anyone as a result of any such delays. Delivery times listed on the site are an estimated only and are subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 1 week, customers will be notified by e-mail at the e-mail address nominated in their order. Title and risk in the goods pass to the customer on delivery of the goods. We reserve the right to not ship to remote or rural locations. Halcyon Nights is not responsible for the delivery times of goods. Once goods have been dispatched, it is the customer's responsibility to liaise with Halcyon Nights nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by us to a customer in relation to delivery will be from a third party, and We will not guarantee the accuracy of such information.
Refunds and returns
Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law.
If Goods you purchased:
- are not of acceptable quality;
- are not fit for their purpose; or
- do not match their descriptions
You may have rights under the Australian Consumer Law to have the Goods repaired or replaced or have the price You paid for the goods refunded. You should contact Us at [firstname.lastname@example.org] within a reasonable time and provide your name, address and date of purchase, as well as a description of your concerns regarding the goods. If goods are damaged on delivery, then you should refuse to take receipt of those goods and notify us immediately. If you notice damage to goods after delivery, you should notify Us immediately and We will arrange for return of the goods in accordance with these Terms and Conditions. You must comply with directions from Us to facilitate a return. Returned Goods must be returned with proof of purchase in their original packaging. For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian Consumer Law. If you are returning Goods due to a fault or defect under a guarantee under the Australian Consumer Law, you may be able to return the goods without their original packaging. It is the customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for items lost in transit. Where you are returning goods to us because of our failure to comply with a consumer guarantee, you must return the goods to us at your cost unless the goods cannot be returned, removed or transported without significant cost to you because of:
- the nature of our failure to comply with the consumer guarantee; or
- the size, height or method of attachment of the goods.
- Where you are returning goods to us, we take no responsibility for goods lost in transit.
- Refunds may take up to 10 business days to be processed.
- There will be no refund on any sale items.
You acknowledge that all Intellectual Property in any material on this site is the property of Halcyon Nights, or a third party and remains the property of its respective owners. Unless expressly authorised under this Agreement or otherwise, you may not reproduce adapt, modify, display, perform or distribute any material or any part of any material. These intellectual property rights are protected by Australian and international laws and nothing in this agreement gives you a right to use any of them. You may view the site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of the site or commercialise any information obtained from any part of the site without the prior written consent from Us or, in the case of third party material, from the owner of the copyright in that Material. You may not modify or copy the layout or appearance of the site nor any computer software or code contained in the Site, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the site.
To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Halcyon Nights (in negligence or otherwise) is limited (at the option of Halcyon Nights) to the resupply of goods, or the cost of having the goods supplied again. You agree that Halcyon Nights shall not be held liable for any indirect or consequential loss. All conditions or warranties expressed or implied by law are excluded and the liability of Halcyon Nights (in negligence or otherwise) is limited (at the option of Halcyon Nights) to these Terms and Conditions. Typographical, clerical or other errors or omissions in sales literature, quotations, price lists, acceptances or offers, invoices or other documents or information issued by Halcyon Nights will be subject to correction without any liability on Our part.
We gather personal information about our customers for the purposes of:
- marketing, supplying or delivering our products to you;
- carrying out repair work (both in and out of warranty repairs);
- Improving and developing our products; and
- expanding our business.
We are committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.
We reserve the right to make changes to the Halcyon Nights Site and Order Terms and Conditions without notice. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions. A failure or delay by Halcyon Nights to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Halcyon Nights does not preclude its future ability to exercise that or any other power or right. This Agreement is governed by, and must be construed according to, the law of the State of Victoria, Australia and the parties submit to the jurisdiction of the courts in that State.